Mildren v. Nye
Superior Court of Pennsylvania
Appeal, No. 169, April T., 1912, by plaintiff, from order of C. P. Armstrong Co., Dec. T., 1911, No. 67, refusing an issue to quiet title in case of Annie H. Mildren et al. v. Nellie A. Nye and William Nye. Petition for an issue to quiet title. Before Pat-ton, P. J. The opinion of the Superior Court states the case.
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Appeal, No. 169, April T., 1912, by plaintiff, from order of C. P. Armstrong Co., Dec. T., 1911, No. 67, refusing an issue to quiet title in case of Annie H. Mildren et al. v. Nellie A. Nye and William Nye. Petition for an issue to quiet title. Before Pat-ton, P. J. The opinion of the Superior Court states the case. Error assigned was order refusing issue to quiet title. — Where the title to real estate is in dispute, but the fact of possession is clear,' the remedy is for the person in possession to rule the person out of possession to bring an ejectment, as provided by the Act of March 8,…
1Opinion of the Court
Opinion by
Rice, P. J.,
The controversy in this case is over the title and right of possession of a strip of land about 200 feet wide, which the petitioners allege is on their side of the true boundary line between their farm and the respondents’ farm, and which the respondents assert is on their side of that line, the main dispute being as to the proper location of the boundary line. We need not incumber the case by recital *80of the averments of the petition and the answer as to the title and right of possession to this strip; it is sufficient to say that there is such dispute regarding them as…
2Cases cited7 opinions
- Yoders v. Amwell TownshipSupreme Court of Pennsylvania · 1896
- Fearl v. JohnstownSupreme Court of Pennsylvania · 1907
- Ullom v. HughesSupreme Court of Pennsylvania · 1903
- Kimmel v. ShafferSupreme Court of Pennsylvania · 1908
- Earhart v. MarshallSupreme Court of Pennsylvania · 1912
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3Cited by1 opinion
- Mildren v. NyeSupreme Court of Pennsylvania · 1913